Citation Nr: 9814121
Decision Date: 05/05/98 Archive Date: 05/20/98
DOCKET NO. 94-30 529 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi
THE ISSUE
Entitlement to special monthly pension by reason of being in
need of regular aid and attendance of another person or on
account of being housebound.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Amy E. Balbach, Associate Counsel
INTRODUCTION
The veteran had active military service from October 1986 to
October 1989 and from December 1990 to May 1991.
This matter came before the Board of Veterans’ Appeals
(Board) on appeal from a January 1994 rating decision of the
Jackson, Mississippi, Regional Office (RO), which denied
entitlement to a permanent and total disability rating for
pension purposes and a special monthly pension by reason of
being in need of regular aid and attendance of another person
or on account of being housebound. The veteran subsequently
perfected an appeal of that decision in July 1994.
This matter was remanded in February 1997 for further
development. Pursuant to a November 1997 rating decision,
entitlement to nonservice-connected pension benefits was
granted.
In an April 1998 letter to the Board, the veteran indicated
that he no longer desired to pursue the remaining issue on
appeal.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran has indicated that he no longer desires to pursue
his appeal of the issue of entitlement to special monthly
pension by reason of being in need of regular aid and
attendance of another person or on account of being
housebound.
DECISION OF THE BOARD
The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991 & Supp. 1997), has reviewed and considered
all of the evidence and material of record in the veteran's
claims file. Based on its review of the relevant evidence in
this matter, and for the following reasons and bases, it is
the decision of the Board that the issue of entitlement to
special monthly pension by reason of being in need of regular
aid and attendance of another person or on account of being
housebound is no longer on appeal before the Board.
FINDINGS OF FACT
1. The veteran perfected an appeal of the RO’s January 1994
denial of his claim for entitlement to special monthly
pension by reason of being in need of regular aid and
attendance of another person or on account of being
housebound.
2. In April 1998, the veteran notified the VA in writing
that he wished to withdraw his appeal of the issue of
entitlement to special monthly pension by reason of being in
need of regular aid and attendance of another person or on
account of being housebound.
CONCLUSION OF LAW
The appeal of the issue of entitlement to special monthly
pension by reason of being in need of regular aid and
attendance of another person or on account of being
housebound has been withdrawn. 38 U.S.C.A. § 7105
(West 1991); 38 C.F.R. §§ 20.200, 20.204 (1997).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The procedural history of this case was summarized above. In
April 1998, the veteran submitted a letter in which he stated
that stated that he would “like to withdraw [his] appeal at
this time.” Under the provisions of 38 C.F.R. § 20.204(b),
the appellant may withdraw his substantive appeal in writing
at any time before the Board promulgates a decision. As a
final decision has not been promulgated on the issue of
entitlement to special monthly pension by reason of being in
need of regular aid and attendance of another person or on
account of being housebound, the veteran may withdraw his
appeal of this claim. Therefore, the Board finds that the
veteran’s April 1998 letter constitutes a withdrawal of his
appeal of the claim for a special monthly pension. 38 C.F.R.
§ 20.204(b).
Additionally, the Board may dismiss any appeal which fails to
allege specific error of fact or law in the determination
being appealed. 38 U.S.C.A. § 7105(d)(5). Because the
veteran wishes to withdraw his appeal and thus no longer
alleges error with the RO's decision to deny a special
monthly pension, the appeal of the claim for entitlement to
such benefits is dismissed.
ORDER
The appeal is dismissed.
JEFF MARTIN
Member, Board of Veterans' Appeals
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991 & Supp. 1997), a decision of the Board of Veterans'
Appeals granting less than the complete benefit, or benefits,
sought on appeal is appealable to the United States Court of
Veterans Appeals within 120 days from the date of mailing of
notice of the decision, provided that a Notice of
Disagreement concerning an issue which was before the Board
was filed with the agency of original jurisdiction on or
after November 18, 1988. Veterans' Judicial Review Act,
Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). The
date which appears on the face of this decision constitutes
the date of mailing and the copy of this decision which you
have received is your notice of the action taken on your
appeal by the Board of Veterans' Appeals.
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